SABYASACHIN SWAROCHIS GHUWALEWALALA v. STATE OF WEST BENGAL
CRM (A)/2003/2026 · 2026-08-21
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32197 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32197 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21.08.2026 Item No. 18 Ct. No. 39 C.R.M.(A) 2003 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Narkeldanga Police Station Case No. 339 of 2026 dated 18.06.2026 under Sections 126(2) / 115(2) / 79 / 351(2)/ 54 of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No. 1615 of 2026 now pending before the learned Additional Chief Judicial Magistrate, Sealdah. In the matter of : Sabyasachin Swarochis Ghuwalewalala … Petitioner. Mr. Yash Jalan …for the Petitioner. Mr. Suraj Mishra …for the State. Mr. Raj Sharma …for de facto complainant. 1. Learned advocate appearing for the petitioner prays for correction of the cause title regarding the Sections. 2. Liberty is granted to correct the cause title in course of the day. 3. Learned advocate appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the landlord of a premises where the de facto complainant is a tenant. There exists both case and counter case amongst the landlord and the tenant before the civil and the criminal
court. He prays for anticipatory bail for the petitioner on any terms and conditions. 4. Learned advocate appearing for the de facto complainant submits that being the landlord, the petitioner always disturbed the tenant and tried to evict the tenant forcibly. He strongly opposes the prayer for bail. 5. On the other hand, learned advocate representing the State produces the case diary, the memo of evidence and relies on the statement of the witnesses and opposes the prayer for anticipatory bail of the petitioner. He submits that thepetitioner has complied with the notice issued under Section 35 of the BNSS, 2023 and the Police has got no intention to arrest him since he has cooperated with the investigation. 6. Having heard the learned advocates for the respective parties and upon perusing the materials available on record, the case diary including the statement of the witnesses, this Court finds that this is a fit case for allowing the petitioner on anticipatory bail. 7. In such view of the matter, this Court does not find any necessity for custodial interrogation/detention of the petitioner and, hence, prayer for anticipatory bail of the petitioner is considered and allowed. 8.
Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper 2
and also subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. In the event the petitioner fails to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 10. C.R.M.(A) 2003 of 2026 stands disposed of. 11. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 12. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)
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